City Council Agenda and Packet 2012 01 30 SP

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complaint and shall take such actions concerning the complaint as are consistent with the Code of Ethics, the Colorado municipal court rules of procedure, and the prosecutor's ethical responsibilities. Within ten (10) days after receipt of the complaint the City Prosecutor shall forward a copy of the complaint to the employee against whom the complaint is made and, before completing the investigation, shall provide the employee an opportunity to provide information concerning the complaint. (b) A person commits false reporting of a complaint under this section if: (1) The person makes a complaint of a violation under Sections 5 -9 through 5 -11 or knowingly causes the transmission of a complaint to the City Prosecutor of such a violation when the person knows that the violation did not occur; or (2) The person makes a complaint or knowingly causes the transmission of a complaint to the City Prosecutor pretending to furnish information relating to a violation of Sections 5 -9 through 5 -11 when the person knows that he or she has no such information or knows that the information is false. (c) A person who is convicted of false reporting of a complaint under this section shall be punished as provided in Section 16 -7 of this Charter. Section 5 -13. Code of Ethics - Advisory Opinions. (a) The municipal judge shall maintain the consent of one (1) or more judges of municipalities other than the City, to provide advisory opinions with respect to the applicability of Sections 5 -9 through 5- 11. The names of such advisory judges shall be provided to the City Council, the City Manager, and the City Attorney. The reasonable expenses and fees of an advisory judge providing such an opinion shall be paid by the City. (b) If any officer, public body member, or employee is uncertain as to the applicability of Sections 5 -9 through 5 -11 to a particular situation, or as to the definition of terms used in said sections, the officer, public body member, or employee may apply in writing to the City Council, Mayor, or City Manager for an opinion from an advisory judge pursuant to this section, and the City Council, Mayor, or City Manager may submit an application to the advisory judge for procurement of an opinion. Any officer or public body member may apply directly to an advisory judge for an opinion. The application shall state in detail the applicable facts and the section or sections of the Code of Ethics concerning which the opinion is requested. (c) Any person who requests and acts in accordance with an advisory opinion issued pursuant to this section shall not be subject to any penalties for such action under the Code of Ethics, unless material facts were omitted or misstated in the request for the advisory opinion. (d) An opinion rendered by an advisory judge pursuant to this section shall be disclosed to the public by posting, unless the advisory judge who issued the opinion determines it in the best interest of the City to delay such posting, in which case the opinion shall be posted as soon as the judge determines that the best interest of the City will no longer be harmed by public disclosure of the opinion. Section 5-14. Code of Ethics - Violations - Penalties. An officer, public body member, or employee who is convicted of a violation of any of the provisions of Sections 5 -9 through 5 -11 shall be punished as provided in Section 16 -7 of this Charter. 13